A woman cannot be denied maintenance just because she works: Allahabad HC, A woman cannot be denied maintenance just because she works

Prayagraj:The Allahabad High Court on Friday ruled that a woman cannot be denied maintenance on the sole ground that she is working. The court explained that it should be checked whether their income is sufficient to cover their expenses and cover their living expenses.

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Justice Vinod Diwakar passed this order while hearing the petition of Parul Tyagi of Muzaffarnagar, who is also awaiting maintenance payment after 39 hearings since August 22, 2017. The petitioner’s husband Gaurav Tyagi said that his wife is an IITian and is capable of meeting her own expenses. The woman, on the other hand, said she was unemployed and, since she lived with her parents, was entitled to maintenance allowance from her husband.

Under Section 125 of CrPC, the family court ordered Gaurav to pay monthly maintenance of Rs 20,000 on his wife’s application. The appeal against this was rejected, but maintenance was not granted. When maintenance was not paid after 39 hearings, the woman appealed to the Supreme Court.

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The court said that cases regarding the maintenance of elderly parents, wives and children have been pending for years. This would violate the Supreme Court’s requirements, it was said. If verdicts are not delivered on time, the public’s trust in the judicial system will be shaken, it said, adding that it is the duty of the Supreme Court to ensure that the subordinate courts function in accordance with the law and to organize workshops to train judges organize.

The court said it was their responsibility to protect the rights of the people and establish the rule of law. To maintain public confidence in the justice system, courts should play their role in providing effective remedies.

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The court has directed all district judges in the state to hold meetings with the chairmen of the family courts and said that in cases where the officials do not follow the Supreme Court guidelines, a report should be sent to the director general. The Director General, in turn, should send the report with his comments to the Administrative Judge of the Supreme Court. This should be recorded in the service record of the negligent chairman, the high court said.

The court said the district judge should review the Supreme Court guidelines for family courts and prepare a progress report. The district judge and the chief judge should submit serious, complex cases to the district monitoring committee, it said. The court also emphasized that the District Legal Services Authority, in collaboration with the Bar Association, should organize workshops to train lawyers in case preparation and conduct awareness campaigns.

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The court has directed to send a copy of the order to all district magistrates, chief magistrates, district magistrates and senior police commissioners, including the chief secretary.

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